Terms and Conditions for DNS Paid Services

Article 1 – Purpose

These Terms and Conditions for using DNS Service(hereinafter, referred to as “Terms and Conditions” or “Agreement”) set forth the rights, obligations and responsibilities or other necessary matters between a user (hereinafter, referred to as “Member” or “Members”) and Innogs Korea Co., Ltd. (hereinafter, referred to as “Company”) with respect to Paid Service for DNS (hereinafter, referred to as “Paid Service”, “DNS Service” or “Service”) provided by Company.

Article 2 – Effect and Change of Terms and Conditions

  1. These Terms and Conditions are made of effective when a Member, who wishes to use DNS Service, agrees to this Agreement, and it is considered that the Member acknowledged that has read and agreed the contents of this Agreement when the Member clicks “Agree” button on Service web page. These Terms and Conditions will be applied to the Member from the time when the Member agrees to this Agreement and uses Service, and if Terms and Conditions are modified, such changes will be applied from the effective date in accordance with Section 2 below.
  2. Company may modify these Terms and Conditions as it deems necessary. In the event where the Company wishes to modify Terms and Conditions, the modified contents and effective date must be announced on the homepage prior to 7 days of the effective date. If the modified contents are considered as giving disadvantages to users, this announcement must be made prior to 30 days of the effective date on homepage or via email address registered in the user’s account. Modified Terms and Conditions will become effective from the date when it was announced or notified.
  3. A Member reserves the right to reject changed Terms and Conditions. Any member who has an objection on changed Terms and Conditions may stop using service and withdraw membership. If a Member continues to use a Service after the changed Terms and Conditions become effective, then the Member is deemed to accept the changed Terms and Conditions.
  4. Agreement to these Terms and Conditions shall mean agreement to visit Company’s homepage periodically to check any updates of these Terms and Conditions. Therefore, Company is not liable for any losses of Members that may arise because users were not aware of the changed Terms and Conditions.

Article 3 – Other Regulations

  1. Company may have separate management policies or regulations for service maintenance and membership, and members must comply with those polices and regulations.
  2. All the matters related with payment and coin use are subject to “Payment and Coin Use” Agreement. Any other materials or descriptions, which are not specified in these Terms and Conditions, shall follow the Terms and Conditions for Service Use and individual service use, Company policy and related Act and subordinate statute.
  3. Other matters, which are not specified in these Terms and Conditions, shall follow the laws regarding the Telecommunications Basic Act, Telecommunications Business Act, the promotion of Communication Network Use or regulations of other related statutes.

Article 4 – Definitions

  1. The definition of terms used in these Terms and Conditions is as follows:
    1. 1.Paid Service: refers to any service that a Member purchases and use through payment methods Company provides.
    2. 2.Terms of Use: refers to a contract between Company and a Member to use services Company provides by acceptance to the Agreement.
    3. 3.Member: refers to an individual or a legal entity that uses Company’s service by making contract with Company.
    4. 4.Coin: refers to online payment method that is used to purchase HydraDNS products after charging or that is used for Company to refund the amount Members paid. It can be used only for Company’s paid services.
    5. 5.Purchase: refers to an action of payment with using payment methods Company provides.
    6. 6.Remewal: refers to extension of the service expiry date by Member’s request.
    7. 7.Refund: refers to a return of Member’s money via coins or the payment method used for the payment, as Terms and Conditions for Use has terminated.
  2. The definition of terms used in these Terms and Conditions, excluding Section 1, are subject to the related laws and other common practices.

Article 5 – Contract establishment for Paid Service

Use contract for paid service is established when a Member agrees to this Agreement and purchases DNS product through payment methods Company provides.

Article 6 – Paid Service Type

  1. Standard: This Service is a DNS Service to connect with single domain name. Members can use this Service for the period they paid for, and the price is set by Company.
  2. Professional: This Service is a DNS Service to connect with more than one domain name.
  3. Professional Plus: This Service is a DNS service to add Professional DNS options.
  4. Professional Options: These options are products of domains or records which can be added to Professional Service.

Article 7 – Payment of Paid Service

  1. Only Members who created an account in Company website can purchase or make a payment for Company’s paid services.
  2. Payment methods for Company’s paid services can be credit card, coins or other methods that Company provides. If there’s Payment Gateway to pay for Company’s services, such as PayPal, Members must follow the process the PG provides. If a Member completes the payment on company website, it is regarded as agreement to the PG’s payment process and Terms and Conditions.

Article 8 – Restriction for Service Use Request

  1. Company accepts Member’s request for Company’s service use unless there’s any business-related or technical issue. However, if Company finds out that the request is belonged to at least one of following cases, Company can reject or cancel the request:
    1. 1.Other person’s personal information is used without any permission, or the request is written with false information;
    2. 2.It is deemed as interrupting other customer’s service operation;
    3. 3.Company decides to reject the Member’s request in case that the reason of reject is caused by the Member;
    4. 4.Approval of the request violates related statute, or against social order or public morals, Company’s Terms and Conditions, or Company’s business policy;
    5. 5.The request is unable to confirm because the service charge has not been paid or the payment is not completed by any mistake;
    6. 6.The request is submitted with violating of regulations for service use request;
    7. 7.For the request from a minor, there’s no agreement from the minor’s legal representative or the agreement cannot be confirmed;
    8. 8.Company found out that the member, who requested service use, has a record that the member was restricted to use service in last 3 months.
  2. Company can restrict approval of the request if the case is belonged to at least one of the followings, and Company also can reserve the approval until the issue is solved:
    1. 1.There’s no sufficient capacity for Company facilities, or there’s a technical issue;
    2. 2.There’s any difficulty to service;
    3. 3.Company decides that it is necessary for the situation.

Article 9 – Term of Use

    DNS service use contract can be made by the year at least, and the number of service days is counted from the first day of purchase.

Article 10 – Withdrawal of Contract

  1. A Member, who made a service use contract with Company, can request withdrawal of the contract within 14 days from the date of purchase.
  2. If a Service is performed not in accordance with the Terms and Conditions, the Member can request withdrawal of the contract within 3 months from the date the Service is received or within 30 days from the date the Member realizes this.
  3. If a Member would like to withdraw contract, the Member should log in to Company website to cancel the Service, request Company via 1:1 enquiry or request Company directly via phone call.
  4. If a Member requests Company to withdraw contract, Company deducts the amount for the days of service used from the amount paid, within 3 business days, and then refund the amount in coins.

Article 11 – Termination of Terms of Service

  1. A Member can, at any time, log in to website, and terminate Terms of Service they paid for.
  2. When the request for termination of Terms of Service is submitted under Section 1 above, Company restricts the Service use.
  3. In the event of termination of Terms of Service, the conditions and methods of refund is in accordance with the Article 13 in this Agreement.
  4. When Company wishes to terminate Terms of Service use, Company must give notification to the member until 7 days prior to the action. However, if the case is belonged to at least one of followings, Company can terminate the Terms of Service use immediately:
    1. 1.A Member falsely and fraudulently requests service use with using other person’s personal information;
    2. 2.The Service contents provided in member’s homepage are found or suspected as not permitted contents by Company, so Company decides not to provide its Service;
    3. 3.Harms or defames Company or others;
    4. 4.Is associated with a criminal act;
    5. 5.Performs activity related to illegal election campaign or a similar act;
    6. 6.A Member causes significant disruption or interruption to Company’s system operation in purpose;
    7. 7.Conducts an act in violation of others laws;
    8. 8.Is in violation of social order or public morals or Company’s business policy including company’s Terms of Use.
  5. Company deletes all the saved data and personal information provided by the member to use Service, and company is not responsible for any matter with respect thereto.

Article 12 – Transfer Prohibition

Any Member shall not transfer or give any rights under Terms of Service to a third party for the purpose of pledge.

Article 13 – Refund upon Termination of Terms of Service Use

  1. When a contract of service that Company provides is terminated under the Article 11 after the Money Back Grace Period stated in the Article 10 is passed, 10% penalty will be charged if the service was purchased in discounted price.
    1. 1.Penalty : Paid Amount - ((Number of days used/Number of days contracted) * Paid Amount) * 10%
  2. If a Member terminates this Terms of Service Use or being disqualified the membership due to the reason in Article 11 Section 4, the remaining amount after the date refund request is submitted is refunded within 3 business days.
  3. For refundable services, the refund amount is defined according to the calculation below, and the refund amount is refunded in coins.
    “Refunded amount” = Paid Amount – (Amount used per day X Number of days used) - Penalty
    - Amount used per day: the amount per day for the refund service. This calculation is based on the paid amount
  4. Discounted amount (e.g. coupon, event, etc.) provided for free are not a subject to the refund amount in above section.
  5. Company may not refund in case that the Terms of Service Use is terminated by the Member’s illegal act as violation of the Resident Registration Act, Copyright Act, Computer Programs Protection Act, Act on Promotion of Information and Communications Network Utilization and Data Protection, or as severe effect on the operation such as repeated illegal use of bugs.

Article 14 – Refund of Coins

A Member may, at any time, request company to refund coins in their account, and the process and method for refund follow “Terms of Payment for Service and Use of Coins”, which the Member agreed to when the payment of Service was made.

Article 15 – Suspension of Paid Service and Compensation

  1. In any of the following events, Company may suspend provision of Service in whole or in part. In such case, Company shall give prior notice to Members of the reason for, and duration of such downtime, via e-mail, etc., this may be substituted with posting on the website or service page operated by Company:
    1. 1.If service restrictions or termination is inevitable due to inspection, maintenance or construction of facilities used for the service;
    2. 2.If situations that interfere with the use of the service arise, including a state of national emergency, power outage or failure of facilities used for the Service;
    3. 3.If Company finds it unsuitable to continue to provide the Service due to other serious matters;
    4. 4.If it is required to respond to electronic breaches such as hacking, telecommunication accidents or other unexpected disruptions of Service;
    5. 5.If situations that the Member’s service interferes with the use of other Company’s Service arise, including online attack or excessive increase in traffic, or situations that there’s a request of stop providing Service from users due to such reasons.
  2. If the Company decides to restrict or suspend the use of the Service due to matters defined above, the Company must notify Subscribers of the reasons to such restriction or suspension and specify the period the Service will be restricted from use. In this case, the Company follows below for the remedies of the Member’s damage. However, in case of facility inspection and maintenance for service improvement, maximum 24 hours won’t be included in the time of service restricted or suspended, based on a month:
    1. 1.If suspended time/downtime exceeds 10 hours in a month, the Service will be renewed with free-of-charge as much as the time for the 10 hours and doubled the amount of the time exceeded after the 10 hours;
    2. 2.If suspended time/downtime does not exceed 10 hours in a month, the Service will be renewed with free-of-charge as much as the time for the suspended hours.
  3. When it is inevitable to give a prior notice to the Members, the Company may suspend to provide any part of or the whole Service without any notification to the Members. In such a case, the Company notifies the Members about the reason and the expecting suspension time as soon as possible
  4. The damage occurred by the situation that the Company did not give a prior notice to the Member shall be indemnified as below. However, if the service suspension or failure is caused by the Member, it is not defined as service suspended or failed time and the Member cannot demand the damages to the Company:
    1. 1.If the accumulated downtime or service failure time exceeds 72 hours in a month, the Company terminates the Terms and Conditions of the service use and refunds or compensates the amount for the registration term, including both used term and remaining term. However, if the Company proves that there’s no intention or fault on the Company, the Company does not have to take responsibility for compensation for the damage;
    2. 2.If the downtime or Service failure time is caused by the Company, the service will be renewed with free-of-charge for the tripled time of the downtime/service failure time;
    3. 3.If the downtime or Service failure is caused by an irresistible force or a Third Party’s illegal act, the service will be renewed with free-of-charge as much as the suspended or Service failure time.
  5. In applying above Section ② and Section ④, prior notice shall be limited to a notice as given no later than 24 hours before the downtime or Service failure time.

Article 16 – Company’s Indemnification

The company is not liable:

  1. for the provision of Service if the Company cannot provide Service due to nature disaster, DDoS attack, IDC difficulties, circuit failure of the key telecommunications business operator or other such force majeure cause;
  2. for any failure of Service use caused by Member;
  3. for any loss from inevitable reasons such as maintenance, replacement, regular inspection and construction used for the Service with prior notice;
  4. for the consequence of the Service use that Member could not earn profit as much as the Member expected, and for any loss from the Service selection or Service use;
  5. for the service contents, website, products, reliability, accuracy and legality of the Member related with Company’s Service use;
  6. for disputes between Members or between a Member and a third party, and is not liable for any loss arising out of these disputes as well;
  7. for any losses that may arise during use of Company’s free Service.

Article 17 – Governing Law and Jurisdiction

  1. All legal actions between a Member and Company will be governed by the laws of the Republic of Korea.
  2. These Terms and Conditions is governed by the laws of Republic of Korea and will be interpreted in accordance with the Korean courts. Seoul Central District Court shall have exclusive jurisdiction to settle any claim or dispute which might arise out or in connection with these terms and conditions.

Article 18 – Miscellaneous

  1. Language: All notices, designations, and specifications made under this Agreement shall be made in Korean and other languages (English, Chinese). If there is any contradiction between the Korean and other language, the Korean version will take precedence over the other language.
  2. Date and Time: All dates and Times relevant to this Agreement or its performance shall be computed based on the date and time observed in Republic of Korea (i.e. either by KST or GMT+9:00).

[Supplementary Provision]

This Agreement comes into effect from 13 August 2019.